Article 1 (Applicability)
This Agreement applies to the rights and obligations between the Company and registered members (defined in Article 2) regarding the use of this service, and all relationships related to the use of this service between registered members and the Company. The rules and regulations regarding this service that the Company posts on its website (defined in Article 2) from time to time constitute a part of this Agreement.
Article 2 (Definitions)
The following terms used in this Agreement shall have the meanings defined below:
(1) “External SNS Service” means social networking services provided by other operators such as Facebook, Instagram, Twitter, as specified by the Company. These services have functions such as authentication of registered members, disclosure of friend relationships, and publication of content within the external social network, which are used for the implementation of this service.
(2) “External SNS Operator” means the provider of the external SNS service.
(4) “Next Scheduled Delivery Date” means the nearest date among the scheduled dates on which the Company plans to ship the product to registered members under a subscription contract.
(5) “Product Purchase Agreement” means the “Product Purchase Agreement” defined in Article 6.
(6) “Product Price” means the “Product Price” defined in Article 7.
(7) “Product Review” means the “Product Review” defined in Article 11.
(8) “Intellectual Property Rights” means copyright, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including the right to acquire these rights or apply for registration, etc.).
(9) “Subscription Contract” means a sales contract that includes the regular purchase of the product among the product purchase agreements.
(10) “Company Website” means the website operated by the Company with the domain name “korai.tokyo” (including any changes in the domain name or content of the Company’s website, regardless of the reason).
(11) “Applicant for Registration” means the “Applicant for Registration” defined in Article 3.
(12) “Registration Information” means the “Registration Information” defined in Article 3.
(13) “Registered Member” means an individual who has been registered as a user of this service based on Article 3.
(14) “Nonconformity” means the “Nonconformity” defined in Article 8.
(15) “This Service” means the EC service called KORAI provided by the Company (including any changes in the name or content of the service, regardless of the reason).
(16) “Product” means the products sold by the Company on this service.
(17) “Usage Agreement” means the “Usage Agreement” defined in Article 3.
Article 3 (Registration)
Individuals who wish to use this service (hereinafter referred to as “Applicants for Registration”) may apply for registration to use this service by agreeing to these terms and conditions, and by providing certain information designated by the company (hereinafter referred to as “Registration Information”) to the company in the manner specified by the company. The registration application must be made by the individual who intends to use the service and, in principle, registration applications by agents are not permitted. Furthermore, applicants for registration must provide true, accurate, and up-to-date information to the company when applying for registration. Please note that special characters, archaic Chinese characters, Roman numerals, and the like cannot be used in the registration of the registration information. If these characters are registered, the company will make the necessary changes. The company may refuse the registration of an applicant who has applied for registration based on paragraph 1 if any of the following reasons apply:
(1) The company determines that there is a risk of violating these terms and conditions. (2) If there is any false statement, misrepresentation, or omission in the registration information provided to the company. (3) If the applicant has had their registration for using this service revoked in the past. (4) If the applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of their legal representative, guardian, curator, or assistant, respectively. (5) If the company determines that the applicant is a member of an organized crime group or a related entity (including but not limited to a violent gang, a member or a former member of a violent gang within five years of leaving, a company associated with organized crime, a political power broker, a special intelligence violence group, or any other group or individual that seeks economic benefits through violent, coercive, or fraudulent means). The same applies below. (6) If the company reasonably determines that the registration is not appropriate for any other reason.
The company will determine whether to approve the registration of the applicant for registration based on the criteria set by the company and will notify the applicant of the approval if registration is granted. With this notification, the registration of the applicant for registration as a registered member will be completed, and a contract (hereinafter referred to as the “Usage Agreement”) regarding the use of this service in accordance with the provisions of these terms and conditions will be established between the registered member and the company. If there are any changes to the registration information, the registered member must promptly notify the company of the changes and submit the requested documents in the manner specified by the company. The company shall not be held responsible for any damages incurred by the registered member due to a failure to notify the changes. Even if a notification of changes has been made, transactions that have already been processed before the notification will be based on the information prior to the notification.
Article 4 (Use of the Service)
During the validity period of the usage agreement, registered members may use this service in accordance with these terms and conditions and the methods specified by the company.
Article 5 (Management of Account Information)
Registered members shall be responsible for managing and safeguarding their membership ID and password (hereinafter referred to as “Account Information”) in their own responsibility, and shall not allow third parties to use it or lend, transfer, change the ownership, sell, or engage in any other transactions. Additionally, the registered member shall be responsible for periodically changing the password to ensure that it is not known to third parties and shall manage it responsibly. The registered member shall bear the responsibility for any damages caused by inadequate management of the account information, misuse, or third-party use, and the company shall not be held responsible.
Article 6 (Purchase of Goods)
- Registered members may purchase the goods through this service, and a specific individual sales contract (hereinafter referred to as the “Product Purchase Agreement”) regarding the goods shall be concluded between the company and the registered member upon completion of the separate purchase procedure stipulated by the company.
- After the purchase procedure based on the preceding paragraph is completed, registered members, except as provided in these Terms and Conditions, shall not be able to cancel the Product Purchase Agreement or return the goods.
Article 7 (Payment of Price)
Registered members shall pay the specified price (hereinafter referred to as the “Product Price”) for the goods through the method designated by the company. The registered member shall bear the transfer fees and any other necessary expenses for payment. In the event of delay in payment of the product price by the registered member, the registered member shall pay the company a late payment fee at a rate of 14.6% per annum.
Article 8 (Receipt of Goods, etc.)
- After the conclusion of the Product Purchase Agreement and confirmation of the completion of the payment procedure for the specified product price by the company, the company shall proceed with the delivery procedure for the goods. The registered member shall promptly inspect the goods upon receipt.
- In the event of shortage of quantity or other nonconformity (hereinafter referred to as “Nonconformity”) with the contents of the Product Purchase Agreement, the registered member shall notify the company of such matter within 7 days after receipt of the goods and take the return or other measures requested by the company through the method specified by the company. If the company reasonably determines the presence of Nonconformity in the goods and the following conditions are met, the company shall take appropriate measures such as exchanging the goods or providing substitute products.
(1) The goods are unused (except in the case of Nonconformity that cannot be discovered without use).
(2) The accompanying accessories of the goods are complete.
(3) The goods are not damaged (excluding Nonconformity of the goods).
- In addition to the provisions of the preceding paragraph, the registered member shall not be able to cancel the Product Purchase Agreement or return the goods after the conclusion of the Product Purchase Agreement.
- Notwithstanding the preceding paragraph, if the customer refuses to accept the delivered goods without notifying us of order cancellation, we will charge a shipping and return cost and a cancellation fee of 2,200 yen (including tax) related to the shipment and return of the goods.
Article 9 (Transfer of Ownership)
The ownership of the goods shall be transferred from the company to the registered member when the full amount of the product price has been paid.
Article 10 (Cancellation of Subscription, etc., for Subscription Purchase)
Registered members may cancel the subscription purchase agreement or request the suspension of shipment of the goods based on the subscription purchase agreement by notifying the company in the designated manner until 7 days before the next scheduled delivery date of the goods. Notwithstanding the provisions of the preceding paragraph, if there are any unpaid product prices related to the goods already shipped by the company to the registered member until the time of notification under the preceding paragraph, the registered member may not cancel the subscription purchase agreement or request the suspension of shipment of the goods based on the subscription purchase agreement.
Article 11 (Product Reviews, etc.)
- Registered members may post their impressions and other thoughts regarding this product (hereinafter referred to as “product reviews”) on our website or through this service, in accordance with the methods specified separately by our company.
- The intellectual property rights concerning the product reviews posted by registered members in this service shall belong exclusively to those registered members.
- Regarding the text, images, and other data of the product reviews that registered members have posted or submitted on our website or through this service, our company may freely utilize them (including reproduction, copying, modification, sublicensing to third parties, and any other forms of use) without charge, to the extent necessary for providing and improving this service, planning and developing new products within our company, and promoting this product.
Article 12 (Handling of Personal Information, etc.)
- Based on the registration information and other information related to the use of this service, our company may send emails or other communications to registered members for the purpose of providing information about our services, this product, and other advertising or promotional activities. Registered members shall consent to this.
- Our company may use and disclose the information and data provided by registered members in an unidentifiable statistical form at its discretion.
Article 13 (Prohibited Acts)
Registered members shall not engage in any of the following acts when using this service:
- Failing to receive the delivered product for an extended period as provided by our company.
- Applying for the purchase of this product without the intention to actually purchase it.
- Using someone else’s credit card to purchase this product.
- Purchasing this product for the purpose of resale.
- Posting false product reviews.
- Posting information unrelated to this product as a product review.
- Infringing upon our company’s intellectual property rights, portrait rights, privacy rights, reputation, or any other rights or interests of other registered members, external social media service providers, or third parties (including acts that directly or indirectly cause such infringement).
- Engaging in criminal acts or acts contrary to public order and morals.
- Sending obscene information or information harmful to minors.
- Sending information related to dating or romantic relationships.
- Violating laws or internal regulations of industry associations to which our company belongs.
- Sending information that includes computer viruses or other harmful computer programs.
- Transmitting data through this service that exceeds a certain specified data capacity set by our company.
- Engaging in acts that may hinder the operation of this service, as reasonably determined by our company.
- Engaging in any other acts deemed inappropriate by our company in a reasonable manner.
If our company reasonably determines that the actions of a registered member in this service fall under any of the provisions of the preceding paragraph or have the potential to do so, our company may, without prior notice to the registered member, delete all or part of the data stored in this service, restrict the use of certain functions of this service, interrupt or suspend the provision of this service, terminate the usage agreement or product purchase agreement, or take other measures. Our company shall not be liable for any damages incurred by registered members as a result of the measures taken by our company based on this paragraph.
Article 14 (Suspension of the Service, etc.)
- The Company may suspend or interrupt the use of all or part of the Service without prior notice to the registered members in the following cases:
(1) Regular or emergency inspection or maintenance of the computer systems related to the Service
(2) Stoppage of computers, communication lines, etc. due to accidents
(3) Inability to operate the Service due to force majeure events such as fire, power outage, natural disasters, etc.
(4) Trouble, interruption or suspension of service provision, discontinuation of integration with external SNS services, specification changes, or any other occurrences affecting the Service
(5) In any other case where the Company reasonably determines that suspension or interruption is necessary
- The Company may terminate the provision of the Service at its reasonable discretion. In such cases, the Company shall notify the registered members in advance.
- The Company shall not be liable for any damages incurred by registered members as a result of measures taken by the Company based on this article.
Article 15 (Burden of Equipment, etc.)
- The preparation and maintenance of computers, smartphones, software, and other equipment, communication lines, and other communication environments necessary to receive the Service shall be the responsibility and at the expense of the registered members.
- The registered members shall, at their own expense and responsibility, take security measures such as preventing computer virus infections, unauthorized access, and information leaks according to their own Service usage environment.
- Even if the Company has stored messages and other information sent and received by registered members for a certain period of time for operational purposes, the Company is not obligated to store such information, and the Company may delete such information at any time.
- When the registered members download software or other items from the Company’s website or through other methods for installation on their computers, smartphones, or other devices at the start or during the use of the Service, the registered members shall exercise sufficient caution to ensure that their information is not lost, altered, or damaged, and that their devices do not malfunction or get damaged.
Article 16 (Ownership of Rights)
All ownership and intellectual property rights related to our website and the services belong to us or are licensed to us by third parties. The granting of the license to use the services based on the registration defined in these terms does not imply the transfer or license of our or the licensor’s intellectual property rights related to our website or the services, except as expressly stated in these terms. Registered members shall not engage in any acts that may infringe upon our or the licensor’s intellectual property rights, including but not limited to disassembly, decompilation, and reverse engineering, for any reason.
Article 17 (Cancellation of Registration, etc.)
- We may temporarily suspend the use of the services, terminate the usage agreement or product purchase agreement, or cancel the registration of a registered member without prior notice or warning, if any of the following reasons apply:
(1) Violation of any provision of these terms.
(2) Violation of the product purchase agreement.
(3) Discovery of false information in the registration details.
(4) Use or attempted use of the services in a manner or for purposes that may cause damage to us, other registered members, external social networking service providers, or other third parties.
(6) Any hindrance to the operation of the services, regardless of the means used.
(7) Suspension of payment or insolvency, commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, or filing of a petition for these or similar procedures.
(8) Dishonor, refusal, or suspension of payment for bills or checks issued or accepted by the registered member, or imposition of measures such as suspension of trading by a bill exchange.
(9) Filing of seizure, provisional seizure, provisional disposition, forced execution, or auction.
(10) Imposition of measures for non-payment of public taxes or duties.
(11) Death or the commencement of guardianship, curatorship, or assistance proceedings.
(12) No use of the services for a period of six months and failure to respond to our contact attempts.
(13) Falling under any of the provisions of Article 3, Paragraph 3.
(14) Any other reasonable determination by us that the continuation of registration as a registered member is inappropriate.
If any of the reasons in the preceding paragraph apply, the registered member will automatically lose the benefit of any due dates for debts owed to us and must immediately fulfill all obligations by making payment to us for all outstanding debts. We shall not be held responsible for any damages incurred by the registered member as a result of our actions taken based on this article.
Article 18 (Withdrawal)
Registered members may withdraw from this service by following the procedures specified by the company.
Article 19 (Disclaimer and Limitation of Liability)
- Unless explicitly guaranteed by the company, the company does not provide any warranties regarding the improvement of diseases, skin problems, or any other skin troubles of registered members, the performance of this product, or the quality of this product. Furthermore, while the company strives to secure inventory of this product, it does not guarantee the availability of this product. This service is provided as is, and the company does not make any warranties regarding the suitability for specific purposes, commercial utility, completeness, continuity, or any other aspects of this service.
- Even if a registered member directly or indirectly obtains any information from the company regarding this service, the company does not provide any warranties beyond those stipulated in these terms and conditions.
- This service may be linked with external SNS services; however, the company does not guarantee such integration and shall not be held responsible for any obstacles or issues related to the integration with external SNS services, except when such obstacles or issues can be attributed to the company’s responsibility.
- Registered members are responsible for investigating, at their own expense and liability, whether the use of this service violates applicable laws and regulations. The company does not guarantee that the use of this service by registered members complies with applicable laws and regulations.
- Transactions, communications, disputes, or any other matters arising between registered members and other registered members, external SNS service providers, or any third parties related to this service or the company’s website shall be the responsibility of the registered members. Except in cases attributable to the company’s responsibility, the company shall not be held responsible for such matters.
- Except when attributable to the company’s responsibility, the company shall not be liable for any damages suffered by registered members, including but not limited to interruptions, suspensions, terminations, unavailability, or modifications of this service, deletion or loss of registered members’ messages or information, cancellation of registered memberships, loss of data or malfunctions or damages to equipment resulting from the use of this service.
- Even if links to other websites are provided from the company’s website or to the company’s website from other websites, except when attributable to the company’s responsibility, the company shall not be held responsible for any websites other than the company’s website or any information obtained from them.
- In the event that the company is unable to fulfill its obligations under the service agreement or product purchase agreement due to circumstances beyond its reasonable control (including but not limited to fire, power outage, hacking, computer virus intrusion, earthquake, flood, war, epidemic, trade embargo, strike, riot, unavailability of supplies and transportation facilities, intervention, instruction, or request by government authorities or local governments, or enactment or amendment of domestic or foreign laws and regulations), the company shall not be held liable for non-performance of obligations during the continuation of such circumstances.
- Even if the company is liable for damages to registered members due to the application of the Consumer Contract Act or other mandatory regulations or for any other reasons, the company’s liability for damages shall be limited to the amount of the product price of the relevant product purchase agreement that caused the damages (or the total amount of the product price of the actual receipt of the relevant product by the registered member within the past one month
Article 20 (Liability for Compensation of Registered Members)
- If a registered member violates these Terms of Service or causes damages to the Company in relation to the use of the Services, the registered member shall compensate the Company for such damages.
- If a registered member receives a claim or dispute from another registered member, an external social networking service provider, or any other third party in connection with the use of the Services, the registered member shall promptly notify the Company of the details and, at their own expense and responsibility, handle the claim or dispute and report the progress and results to the Company based on the Company’s request.
- If the Company receives any claims due to infringement of rights or for any other reason from other registered members, external social networking service providers, or any other third parties in connection with the use of the Services, the registered member shall compensate the Company for the amount the Company is required to pay to such third parties based on such claims.
Article 21 (Confidentiality)
- In these Terms of Service, “Confidential Information” means all information provided, disclosed, or obtained by the registered member from the Company in writing, orally, or through recorded media, relating to the Company’s technology, business, operations, finance, organization, or any other matters. However, the following information shall be excluded from Confidential Information: (1) information that was already publicly known or known to the registered member prior to the provision, disclosure, or acquisition thereof by the Company; (2) information that became publicly known through publication or other means after the provision, disclosure, or acquisition thereof by the registered member, without any fault on their part; (3) information lawfully obtained without an obligation of confidentiality from a third party who has the authority to provide or disclose such information; (4) information independently developed without the use of Confidential Information; and (5) information confirmed in writing by the Company as not requiring confidentiality.
- The registered member shall use Confidential Information solely for the purpose of using the Services and shall not provide, disclose, or leak the Company’s Confidential Information to any third party without the Company’s written consent.
- Notwithstanding the provisions of Clause 2, the registered member may disclose Confidential Information based on orders, requests, or demands from laws, courts, or government agencies. However, in the event of such an order, request, or demand, the registered member shall promptly notify the Company thereof.
- When duplicating documents or magnetic media containing Confidential Information, the registered member shall obtain prior written consent from the Company and manage the duplicate copies strictly in accordance with Clause 2.
- Upon the Company’s request, the registered member shall promptly return or dispose of all Confidential Information, documents, or other recorded media containing or including Confidential Information, as well as all duplicate copies thereof, without delay.
Article 22 (Term of Validity)
The Terms of Service shall come into effect on the date when the registration of the registered member is completed based on Article 3 and shall remain valid between the Company and the registered member until the earliest date of the cancellation of the registration of the registered member, the withdrawal of the registered member from the Services, the termination of the Terms of Service, or the termination of the provision of the Services.
Article 23 (Amendment of these Terms and Conditions)
- The Company may freely modify the content of the Services.
- The Company may modify these Terms of Service (including rules, provisions, etc. regarding the Services published on the Company’s website; the same shall apply hereinafter). When modifying these Terms of Service, the Company shall notify the registered members of the details of the modification and the effective date of the modification by the Company’s prescribed method until the effective date. If a registered member
Article 24 (Communication/Notification):
Inquiries and other communications or notifications from registered members to the company, as well as notifications regarding changes to these terms and conditions and other communications or notifications from the company to registered members, shall be conducted through the methods specified by the company.
Article 25 (Assignment of These Terms and Conditions):
- Without the prior written consent of the company, registered members may not transfer, assign, pledge, or otherwise dispose of their contractual position, rights, or obligations based on the usage agreement or product purchase agreement, to a third party.
- In the event that the company transfers its business related to the service to a third party (regardless of the form of transfer, including business transfer, company split, or any other method), the company may transfer the contractual position based on the usage agreement and product purchase agreement, the rights and obligations based on these terms and conditions, as well as the registered members’ registration information and other customer information to the transferee of such transfer. Registered members shall be deemed to have consented in advance to such transfer as stated in this paragraph.
Article 26 (Entire Agreement):
These terms and conditions constitute the complete agreement between the company and registered members regarding the matters included in these terms and conditions, and they take precedence over any prior agreement, representation, or understanding, whether oral or written, between the company and registered members regarding the matters included in these terms and conditions.
Article 27 (Severability):
Even if any provision or part thereof of these terms and conditions is determined to be invalid or unenforceable under the Consumer Contract Act or any other applicable laws and regulations, the remaining provisions of these terms and conditions and the remaining parts of the provision determined to be invalid or unenforceable shall continue to have full effect. The company and registered members shall endeavor to modify the invalid or unenforceable provision or part thereof to the extent necessary to make it legal and enforceable and to achieve the intended purpose and the legal and economic equivalent effect.
Article 28 (Survival Clause):
The provisions of Article 3, Paragraph 5, Article 5, Article 7 (only if there are outstanding payments), Article 8, Paragraph 3, Article 11, Paragraph 2 and Paragraph 3, Article 12, Paragraph 1 and Paragraph 3, Article 13, Paragraph 2, Article 14, Paragraph 3, Article 15, Article 16, Article 17, Paragraph 2 and Paragraph 3, Article 19 through Article 21, as well as the provisions of Article 25 through Article 29, shall remain in effect even after the termination of the usage agreement. However, with respect to Article 21, it shall remain in effect for a period of 3 years following the termination of the usage agreement.
Article 29 (Governing Law and Jurisdiction):
The governing law of these terms and conditions shall be the laws of Japan, and any and all disputes arising from or in connection with these terms and conditions shall be exclusively submitted to the Tokyo District Court or the Tokyo Summary Court as the court of first instance and exclusive agreed jurisdictional court.
Article 30 (Dispute Resolution):
In the event of any matters not stipulated in these terms and conditions or any doubts regarding the interpretation of these terms and conditions, the company and registered members shall promptly seek resolution through mutual consultation in accordance with the principle of good faith.